RITU PRAKASH DESAI Vs. TROPICAL HOMES

JUDGEMENT

(1.) THIS is an application under Section of the Arbitration and Conciliation Act, 1996. The applicant prays that a sole arbitrator to adjudicate the claims as raised by the applicant on the respondents, be appointed. In support of this application, what has been stated is that the applicant entered into an agreement dated 27th January, 2007 with respondent No. 1 in which respondents No.2 and 3 are partners. Under this agreement, the applicant agreed to purchase Villa No.5, which was to be constructed by the respondents on the property, more particularly described in the application.

(2.) IT is the case of the applicant that in pursuance of this agreement, out of the total consideration, Rs.63.60 lakhs he has paid, i.e. a sum of Rs.60,00,000/ -and he was and is ready and willing to perform his part of the contract and pay the balance consideration as per the agreement. However, the respondents have failed to perform their obligation under the said agreement.

(3.) THEREAFTER , the correspondence with respondent no.2 continued, but respondent No.2 has not responded to the letters and particularly with regard to the concurrence for appointment of the sole arbitrator.